Submissions on the resource consent applications for the bottling plant closed on 7 February, but a hearing hasn’t been scheduled yet. Applications were filed with the Auckland Regional Council for stormwater & wastewater discharges and earthworks, and with the Rodney District Council to establish & operate the water-bottling facility in the general rural zone and to undertake earthworks. Both types of consent can now be considered by the new unitary Auckland Council.

Mr Khimich started out with 60 shares in each company, leaving John Brown’s Traus Holdings Ltd with 40. The holdings were bumped up to 6000:4000 and, on 12 January this year, law firm Buddle Findlay’s Budfin Nominees Ltd replaced Traus as 40% shareholder.

There’s a strong yachting connection between the parties. The St Clair Brown family has long connections with sailing in Auckland through the Royal NZ Yacht Squadron.

Mr Khimich owns the 159ft ketch Thalia, which underwent a major refit in Auckland in 2008, and Mr Kirichuk owns the 120ft classic Dragon-class yacht Alla, built by the boatbuilding company he formed in 2003, Aries Pacific Ltd.

Mr Kirichuk is also a director of Sarjoh Ltd with Mr Brown. Mr Sobolev incorporated International Marketing Consulting (IMC) Ltd in April 2010.

A separate company owned by the Browns & Roger Mac, Siesta Holdings Ltd (ex-Waiwera Water Ltd), faced liquidation in the Auckland High Court on Friday but won an adjournment on the promise of settlement on 15 March. The plaintiff was Ross Recruitment Ltd, owned by Sydneysider Julia Ross, of Verossity Pty Ltd.

Application detail: 79 & 91 Weranui Rd, private plan change 106 to rezone the 3.8ha 600m west of State Highway 1 at Waiwera from Mahurangi-Waiwera special character area rural zone to high intensity residential, with scheduling to limit the site to 12 lots and development to occur only after the Waiwera wastewater plant is operational

Hearing date: 13 February

Recommendation: Planning consultant Robert Scott recommended the application be rejected

Decision: The Rodney District Council district plan & regulatory committee released its decision on 17 April rejecting the application

Other details: The site is outside the metropolitan urban limit and the Auckland Regional Council presented 7 reasons for opposing its development:

The proposal represented ad-hoc urban expansion contrary to the regional policy statement policies on urban containmentPotential adverse effects on the natural values of the Waiwera EstuaryAdverse effects on a high quality natural landscapeThe proposal is outside & contrary to the agreed growth areas outlined in the regional growth strategyConcerns about wastewater connection to the existing wastewater treatment plant and potential odour issues due to the close proximity to the plantThe locality is known for pre- & post-European archaeological sites but the site has not been specifically surveyed for these resourcesApproval to the plan change request would set a precedent that might encourage sporadic development in other locations and undermine the integrity of both regional & district planning documents.

The committee said the estuary opposite the site was a feeding ground for a variety of wading birds. Mr Dikstaal proposed sending wastewater to the existing wastewater plant once its capacity has been increased, and to release stormwater directly to the estuary at high tide.

The committee said in its decision: “Whilst this is consistent with the methods in place for the existing residential development, the proposed additional residential zoned land will add to the existing stormwater loading into the estuary. On this basis, the committee was concerned that additional urbanisation may adversely affect the ecological values of the Waiwera Estuary through additional stormwater discharge contamination. The committee was particularly concerned with the lack of detailed engineering design information contained in the plan change request and presented at the hearing.”

The committee also rejected the proposal for its likely effect on indigenous vegetation & possible indigenous fauna: “There is an area of significant indigenous vegetation within the site and this is likely to contain habitats of indigenous fauna. While the plan change request indicated that any development would lie outside of the native vegetation areas, the proximity of development may adversely affect these natural values through the impact of edge effects. The committee was not satisfied that the creation of the 10 proposed sites and the resultant development on them would not require the removal of significant native vegetation. On this basis the committee determined that the potential adverse effects of the development enabled by the plan change request on the natural environment & surrounding landscape values would not be satisfactorily avoided, remedied or mitigated.”

Next point on the committee’s rejection list was landscape: The regional policy statement recognises the Waiwera coastline as landscape quality 5 (out of 7) and the estuary as landscape quality 6. Under change 8 to the regional policy statement, the coastline & estuary are rated “outstanding”. The committee said: “Any significant adverse effect to the recognised coastal & landscape values resulting from the extension of the urban settlement of Waiwera into these areas is therefore considered to be a matter of national importance.”

The committee then turned to precedent, whose role its is to undertake structure plans, integration of land use & transport infrastructure, the likelihood of land already zoned for residential use being developed and the view that urbanisation can’t be done in leapfrog fashion.

“The method by which new areas for urban living are to be introduced is through a structure planning process or other similar mechanism, and it is strongly implied (in the district plan) that there is no provision for structure planning to be undertaken by developers and that this is usually the exclusive responsibility of the territorial authorities. In Rodney District, rural zones have been maintained in the southern areas of the district as a method of maintaining a ‘green belt’ around the northern frontier of metropolitan Auckland & existing small settlements like Waiwera.”

Planners for both the district & regional councils said the strategic objectives & policies of the regional policy statement “are clear on the question of urban growth, and provide a consistent direction that expansion of rural or coastal settlements outside the limits of existing urban zones is not permitted, other than through the provision of a co-ordinated planning process”.

On the transport issue, the committee said: “The proposed extension of the urban township of Waiwera is likely to result in increased private vehicle trips and a corresponding reliance on the local & national roading infrastructure. At present there is little in the way of public transport infrastructure that services Waiwera, due to its relative isolation from metropolitan Auckland. The proposed plan change therefore does not appear to be consistent with the requirement to integrate land use & transportation infrastructure.”

On residential development in the area, the committee said: “As a justification for the need for the proposed new urban zone, the applicants make the comment in section 3 of the plan change request that the existing land zoned for residential development is unlikely to be developed for the following reasons: ‘The majority of the residentially zoned land has been subdivided and is fairly well established. One remaining undeveloped residentially zoned land parcel remains. It is about 12ha in area & adjoining State Highway 1 to the east & Weranui Rd to the north. Although this is a substantial area of residentially zoned land, it appears unlikely that it can be easily developed into high-density lots due to the steep topography of much of the land.’

“The applicants go on to state: ‘Further housing development in Waiwera is limited due to the unavailability of residential land and the natural environment & topography immediately surrounding the Waiwera residential area, which restricts residential development, especially at high density, in many places.’”

However, district council planning consultant Robert Scott said those statements weren’t accurate and didn’t reflect the potential for the existing undeveloped high intensity residential land to be further developed. “The committee heard that Waiwera Stage Two Ltd (Robert McEwan; major shareholder John St Clair Brown’s Waiwera Infinity Spa Resort Ltd) has applied for a 3-lot subdivision on the abovementioned land, with access from Weranui Rd. It is understood that the lots to be created will be sold for residential use in accordance with the high-intensity residential zoning.

“The committee considers that until such time as this residentially zoned land is fully developed, it cannot be concluded that there is either a shortage of, or significant development limitations on, residentially zoned land in Waiwera which would necessitate a need to release further land for residential development.”

Mr Dikstaal’s planner, Shane Hartley, disputed the claim in the planning report that the regional growth strategy and the northern sectors agreement (under the former Regional Growth Forum) actively discouraged urban expansion at Waiwera, on the basis that they were only generic statements. Mr Hartley also disputed the relevance of these documents to the present-day situation due to decisions on submissions and recently resolved appeals to the proposed district plan 2000, which had significantly reduced the growth capacity of areas such as Snells Beach, Algies Bay, Silverdale North & parts of the Whangaparaoa Peninsula.

“Having considered this evidence, the committee determined that the applicant had not justified the expansion of the Waiwera coastal settlement in terms of the relevant policies in the regional policy statement & proposed change 6. In particular, the committee considers that the proposal would:

compromise the strategy for containment & intensification as expressed in the regional policy statementresult in significant adverse effects on the natural environmental & significant landscape values in the areadisrupt the continuity of the existing urban form of Waiwera township, andwould not result in a defensible long-term limit to the urban area of Waiwera township.”

On precedent, the committee found:

“There is little or no objective analysis submitted to justify that there is demand for residential development outside the urban limits of the Waiwera townshipThe vacant residential-zoned land referred to by the applicants as ‘unlikely to be developed’ is in fact subject to a subdivision consent to enable high-intensity residential development, and There is no analysis from a district or regional perspective to justify the expansion of the Waiwera township ahead of other rural or coastal communities in Rodney

And, of course, Waiwera Infinity mineral water â€“ bottled & packed on site and marketed nationally â€“ will be offered in the process. Mr St Clair Brown said it had been proven to have anti-aging and fast-hydration qualities.

“To be classified as an authentic spa, like Evian or Perrier, the experience has to be based around a mineral water source and this is exactly what we have and why our resort will be the first truly international spa in New Zealand,” Mr St Clair Brown said.

“Waiwera’s mineral water source has drawn people to the area for centuries and will be central to the spa we are creating. We also bottle & package mineral water on site as Waiwera Infinity ionic micro water and Waiwera Mineral Water.”

5-year redevelopment

The whole redevelopment is intended to take 3-5 years, the replacements including an 80-room deluxe hotel in stage 2, the wellness spa, conference facilities, retail & restaurants.

The apartments being sold now will be leased to the hotel management company. Owners will have access to their apartment for 28 nights/year.

The apartments range in size from 50-240mÂ² and will be separated by clear canals leading to the beach. All will have balconies and most will enjoy sea views.

All first-level apartments will have in-ground spas & personal far-infra-red saunas, which are believed to be twice as effective as standard saunas.

Mr St Clair Brown said all furniture & fittings would be sourced within New Zealand and a furniture maker had been contracted to design furnishings specifically for the apartments. The apartments, and overall redevelopment, would have a heavy emphasis on environmental issues such as water & energy savings.

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